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Mark Pritchard MP is not fooled by Defra’s cynical tactics on animal circuses

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See the article by Mark Pritchard, MP, on Politics Home:
http://www.politicshome.com/uk/story/25082/circus_escape_animals_ban.html

All credit to the MPs who have worked so hard on this issue, for not being fooled by such a cynical ploy – deferring a ban until 2015 (after the General Election, making it a potential manifesto pledge), and an “interim” inspection and licensing regime that can be declared “success” at a later stage.

Mr Pritchard commented: “If the government ignore the will of Parliament they will be moving towards a constitutional crisis as well as once again confirming their reputation as being against animal welfare legislation”

Mary Creagh MP, Labour’s Shadow Environment Secretary: 
 
”Last year Parliament voted unanimously for a ban on wild animals in circuses with the backing of 95% of the public. Defra Ministers showed how out of touch with the public they are and hid behind spurious threats of legal challenges in the EU as an excuse for doing nothing.

“Today, Ministers announce a licensing regime until a ban comes in 2015, saying there is no room on the parliamentary timetable for new legislation. Yet only yesterday they introduced a water bill into the house, which will be passed in 2 days. There is nothing to stop them doing the same thing for circus animals, but it’s clear that animal welfare is way down the list of this Government’s priorities.”

This aside, it is clear that Defra plans to keep their inspections secret. ADI requested sight of the circus inspection reports from 2008 and 2009. This was refused, and we now have a Freedom of Information appeal lodged. So it was doubly interesting when Chris Baltrop, ringmaster and occasional spokesperson for the Association of Circus Proprietors, said during media interviews yesterday, that Defra vets had recently inspected the circuses and given them a “clean bill of health”.  Secret inspections, secret reports and a licensing regime forced on an unwilling public and Parliament.

Defra’s deal with the animal circuses

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Today’s announcement by the British Government that it plans to “ban wild animals in circuses” may be the most cynical announcement we’ve heard in years.

Has the Government struck a secret deal with circuses?  http://bit.ly/zXKfOO

Whilst claiming to acknowledge the suffering of wild animals in circuses, the Government has today introduced another delaying tactic to avoid introducing the necessary ban, which is so widely supported by public, Parliament, and animal protection bodies, including vets. 

Instead of a ban, Defra has called yet another consultation and laid proposals for an inspection/licensing regime which, if introduced, will consign these animals to suffer forever. 

The Coalition Government’s claim that primary legislation must wait for a slot in the Parliamentary timetable (conveniently, predicted to be after the next General Election) is nonsense.  If a Government wants to push something through, they do it. 

As Labour’s Shadow Environment Secretary, Mary Creagh MP, commented:  “Today, Ministers announce a licensing regime until a ban comes in 2015, saying there is no room on the parliamentary timetable for new legislation. Yet only yesterday they introduced a water bill into the house, which will be passed in 2 days.  There is nothing to stop them doing the same thing for circus animals, but it’s clear that animal welfare is way down the list of this Government’s priorities.”

Precisely. 

We were promised a ban during debates in the House of Commons and the House of Lords in 2006, when several MPs and members of the Lords had tabled amendments for a ban under the (then) Animal Welfare Bill. 

Defra persuaded the Members to withdraw their amendments on the promise that a ban would be enacted under the auspices of the new Animal Welfare Act 2006.  There followed years of Defra expert consultations, working parties, impact assessments, and feasibility studies.  This successfully kicked the issue into the long grass until after the 2010 General Election.

The last Defra public consultation (2009-2010) produced a 94.5% approval rate for a ban on wild animals in circuses. 

Then, following ADI’s undercover expose of the beatings of Anne the elephant, a body of MPs led by Mark Pritchard, together with Caroline Lucas, Jim Fitzpatrick and others, pushed for a crucial debate and vote at the Backbench Committee in June 2011.  MPs voted for a ban and directed the Government to introduce proposals for a ban by June 2012.

There is absolutely overwhelming evidence of circus suffering and not a single animal welfare body that will defend this industry. Yet Defra has decided to ignore both public and Parliament in this extraordinarily cavalier and arrogant move. 

Mark Pritchard MP, who led last year’s Commons debate:  “If the government ignore the will of Parliament they will be moving towards a constitutional crisis as well as once again confirming their reputation as being against animal welfare legislation”  http://bit.ly/z9v777

Animal Defenders International (ADI), Four Paws, Animal Aid, People for the Ethical Treatment of Animals (Peta), the World Society for the Protection of Animals (WSPA), and the BVA (British Veterinary Association) want to see a clear ban on the use of wild animals in circuses. 

Meanwhile, Defra has given the circuses some cover.   Chris Baltrop, ringmaster and occasional spokesperson for the Association of Circus Proprietors, today claimed in a radio debate with me, that Defra had conducted inspections of circuses and pronounced them to enjoy a “clean bill of health”.

This is interesting.  Especially since ADI has been asking to see reports of Defra inspections of circuses dating back to 2008, and access has been blocked, forcing us to follow up with an appeal to the Freedom of Information Commissioner.

Does this mean that the fundamental tenet of the licensing regime is ‘trust-us-you-don’t-need-to-know’?

The problem with inspections and licensing is that it does not work – we have produced video of a sick lioness being hidden behind bales of hay, while an inspectors stands feet away, chatting to the circus workers.  In another undercover operation, of Great British Circus in 2009, we show how a series of inspectors (apparently six inspections in one tour), failed to note that the elephants were being beaten and were being chained for 11 hours a day.  The police, local authority inspectors, Defra inspectors and RSPCA did not see the hasps for the chains, hidden under straw.

See ADI’s report ‘Out of Control’ at:  http://bit.ly/y3l5Gg

And certainly the beatings of Anne the elephant would not have been revealed by an inspection:  http://bit.ly/u7phf2

What our independent polls say:

  • ADI ComRes poll, 2011, 71% of the public backed a ban.
  • 2011 Dods Parliamentary Poll commissioned by ADI asked 100 MPs whether the Government should ban the use of wild animals in circuses, or let the industry self-regulate:  63% of MPs agreed or strongly agreed; 14% disagreed or strongly disagreed; 6% did not respond.
  • MORI opinion poll in Autumn 2005, commissioned by ADI –
    • 80% say ban all wild animal circus acts.

    • 65% say ban all animal circus acts.

    • 90% against whipping and beating when training circus animals.

    • Only 7% strongly opposed the calls for bans
  • ADI 2004 NOP poll found–
    • 63% of the public wanted to see all animal acts banned from circuses
    • only 8% disagreed
  • 1999, an ADI MORI poll found 72% wanted wild animals banned.

U.S. Travelling Exotic Animal Protection Act gathers support

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Our LA team is steadily gaining grassroots support for the Traveling Exotic Animal Protection Act (TEAPA) (H.R. 3359), see:
http://www.federalcircusbill.org/

We introduced this federal bill last November with Congressman Jim Moran (D-VA) which aims to protect wild animals from being forced to perform in traveling circuses in the US.  Spirits soared in the U.S. last week when we announced the victory in Greece, with their complete ban on all animals in traveling circuses – we saw a spike in advocates using our Action Alert to contact Congress about TEAPA:
http://www.congressweb.com/cweb2/index.cfm/siteid/BreakTheChain/action/TakeAction.Contact/lettergroupid/5

We need to keep this momentum going so please educate yourself about this important legislation and take a minute to participate in our Break the Chain campaign to contact your Member of Congress today!
http://www.breakthechainus.org/

ADI’s Campaigns Director Matt Rossell was recently a guest on the popular Our Hen House podcast, discussing his past undercover work, ADI’s campaigns worldwide, and our campaign to Break the Chain of circus abuse in the US and you can listen in here:
http://www.ourhenhouse.org/2012/01/episode-107-all-the-darkness-in-the-world-cannot-extinguish-the-light-of-a-single-candle/

ADI just visited the California Department of Fish & Game (DFG) Director’s office in Sacramento to shed light on a serious conflict of interest with a State committee member,
http://www.ad-international.org/media_centre/go.php?id=2532&si=12

who advises the Agency on humane care of wildlife, who also owns an entertainment industry company, Have Trunk Will Travel (HTWT), that ADI caught on video in 2005 violently hitting and shocking elephants:

ADI also presented the video evidence to the Advisory Committee for the Humane Care and Treatment of Wild Animals meeting where Kari Johnson, HTWT co-owner, was in attendance. Among other abuses, the video evidence shows an elephant being shocked to perform a headstand and crying out in pain, and a baby elephant being “hooked” with a bullhook inside his sensitive mouth, both depicting violations of state law.

ADI also challenged Ringling Bros. Circus’s inappropriate seat on this committee highlighting their ongoing abuses toward wild animals and their recent $270,000 massive settlement with the USDA for violations of the Animal Welfare Act:
http://federalcircusbill.org/news.php

Clearly companies caught abusing animals should not be given a position advising the State on humane care of wildlife and ADI is awaiting a response from the DFG Director Charlton Bonham.

Greece ban is won!

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Success! The Greek Government has banned the use of all (yes, ALL) animals in circuses following a campaign by Animal Defenders International (ADI) and the Greek Animal Welfare Fund (GAWF), backed by over 50 local animal protection groups across Greece.

The new law follows ADI’s undercover circus investigations showing horrific suffering, launched across Greece in 2006 – the same year that the UK announced it was going to bring in a wild animal ban. We’re still waiting.

We applaud the decisive action of the Greek government, who made the time to make this statement about what kind of society they want to be, clearly civilized and responsible towards other species. Surely this must spur on the British government, now that they find themselves lagging behind Greece, Portugal, Austria, Denmark and Croatia in Europe on this issue?

South America is on the case – Bolivian banned in 2009; Peru banned last year; Colombia, Brazil and Ecuador are all discussing it. Greece shows that Europe is on the case – come on United Kingdom! And then there’s the United States….

Greece is the first country in Europe to ban all animals in circuses, not just wild animals. This acknowledges that the traveling circus is no place for animals and that the barren, deprived, unnatural environments, constant travel and stress of being forced to perform are just as damaging for domesticated species as it is for wild animals.

Let’s hope Washington is listening – this is a world-changing movement and its moment has arrived. Together with Congressman Jim Moran, we launched our federal circus bill for a ban on animal circuses in the US last November – get your member of congress to sign up to the Traveling Exotic Animal Protection Act, H.R. 3359!

A new excuse from Defra

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In a letter to an ADI supporter, Defra has launched a raft of new excuses for avoiding a ban on the use of wild animals in travelling circuses – a ban supported overwhelmingly by public and parliament. So, it would appear not only incapable of listening, but increasingly desperate.

It was of course, Defra minister Jim Paice who announced to the House of Commons last May, that a UK ban might invite a legal challenge from Europe (citing Austria), or that it might be be challenged under the European Services Directive and/or the Human Rights Act.  This did not wash.  Now, with stunning obstinacy Defra writes: “Legal advice remains that without either new evidence of irremediable welfare problems or of a clear rational ethical argument (that would not take in other animals), a ban on performing animals in travelling circuses is highly vulnerable on legal grounds”, and on the matter of Austria (the challenge to Austria’s ban having been thrown out) they now insist “the Austrian case may have limited relevance to England’s position”, so “…. the risk of a successful legal challenge to any ban introduced in England remains high…”. Oh, dear, come on!

Who would have believed such goings on over a clear and straightforward case like wild animals in circuses? Hello, Defra…. wild animals living on the backs of trucks… extreme physical confinement and chaining… no opportunity for normal behaviour or for the animal to control its own immediate space? Not to mention the kicking, punching and beating. Wrong, wrong, wrong. Everybody knows it. Except Defra-do-nothing.

UK Parliament – battle to save circus animals continues

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We’ve unleashed a storm in the UK Parliament already in 2012! 

ADI has been working hard with a fantastic group of committed MPs who have tabled no less than seventeen parliamentary questions in December and January, followed by two further EDMs (Early Day Motions). This brings our total number of Parliamentary Questions on animal circuses during November, December and January to over thirty.

MPs Jim Cunningham, Caroline Lucas, Peter Bottomly, Jeremy Corbyn, Mark Durkan, Gordon Henderson, Kelvin Hopkins, Bob Russell and Adrian Sanders have all supported the two new EDMs and many others are tabling questions in the House – Tessa Munt, Mark Pritchard, Nic Dakin, Kerry McCarthy, Fiona O’ Donnell, John Leech, Angela Smith, Graeme Morrice, Viendra Sharma, Cathy Jamieson, Gordon Henderson, Gavin Shuker, Justin Tomlinson, Sheila Gilmore, and Jim Fitzpatrick.

This is an amazing level of work to get the Government to listen to the will of parliament and public and take urgent action to end the suffering of wild animals in circuses.  All of the investigations, studies, research and just plain common sense tells us that it is not feasible to keep wild animals in travelling accommodation and expect to maintain health and welfare.

The first, EDM 2563, reminds the Government that urgent action is needed and demands a ban, in accordance with the will of parliament and public.

The second EDM, 2586, demands that the Government release veterinary inspection reports on circuses, which have been repeatedly denied to ADI, despite freedom of information requests.  These reports are clearly a matter of public interest, since they form part of Defra’s information gathering for their proposed licensing regime. Go to: http://bit.ly/zLUZPW

Government intransigence 

The Coalition Government’s intransigence in the face of overwhelming public and parliamentary support for an end the suffering of these animals appears illogical. Following years of investigations and deliberations, a consensus was growing last year, when even the Prime Minister said that he was “minded” to ban.  Then he suddenly blocked all progress.  Now Defra remains set for yet another failure, as it attempts to bring in a doomed inspection and licensing regime.

The legal objections

Back in the early summer, the Government’s objections to a ban were that there might be a legal challenge from Europe (citing a non-existent case), and/or a ban might contravene the European Services Directive, and/or the UK Human Rights Act.  ADI responded with top-level legal advice showing that each of these objections was unfounded and in fact, ministerial statements to the House were wrong. See the story at: http://bit.ly/AFpsGd and  http://bit.ly/yC7Pi4

In an odd coincidence, following this debate in the UK Circus Krone launched another challenge to the Austrian ban.  However, as we announced before Christmas, the Austrian Constitutional Court advised us that it had thrown out the case. This removes the last desperate excuse of the UK Government. The way is now clear for a ban.

Proposed Inspection Regime – ‘Out of Control’

Although the legal impediments to a ban are clearly non-existent, it is still important to address the value of inspection and licensing regimes.  ADI has observed and recorded inspections in both the UK and abroad, and we have not found an inspection regime that can identify and take action over issues of animal abuse or welfare deficits.  Put simply, the abuse does not happen in public or when inspectors are around and poor care can be easy to hide.

The abuse of the elephants we uncovered at the Great British Circus in 2009 would not have been seen during an inspection.  Inspections also failed to discover that the elephants were being chained for excessive periods of time. The abuse of Anne the elephant in 2011 – we released undercover footage last year – would not have been uncovered by an official inspection.

To set these inspections in context, ADI has published a new report, ‘Out of Control’, including details of previously unpublished and unseen evidence of inspections.  It provides clear evidence that an inspection system is doomed to failure. Go to: http://bit.ly/ozO47P.

And so we continue.  Time to dig in!

A Christmas Gift for Suffering Circus Animals

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Good news from Austria this week, when their Constitutional Court in Vienna announced that it had thrown out the application by Circus Krone to overturn Austria’s ban on wild animals in circuses.  After we launched the Anne investigation earlier this year, we challenged the UK Government’s refusal to ban wild animals in circuses here, in the face of overwhelming public and parliamentary support.  Our most recent poll showed 72% of the public favour a ban, and the Defra public consultation published in January 2010, had resulted in 94.5% in favour of a ban.  Scenes of high farce ensued in Parliament, when the minister misled the House of Commons with a claim that Austria’s ban was under threat and that this would be a legal impediment to a ban in the UK. Our sources at the Court confirmed that no challenge was in play at that time (although Austria’s ban had been challenged and defeated previously).  We worked with an amazing group of MPs who pressed ahead and got the stunning Backbenchers’ Committee debate in June, when the world heard the details of the Government arm-twisting for those who want to see an end to the suffering of these animals in circuses, once and for all.  Then, lo and behold! Circus Krone lodged a further challenge to Austria’s ban and now this too, has been rejected.  The Court found that the Austrian Government’s ban was “in the public interest (namely the protection of animals)”… “necessary” and “appropriate” and that the measure was therefore “justified and proportional”.  Methinks the Government has nowhere left to hide…… 2012 is going to be interesting!

November 2011

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OK, this has been one of our tougher years…..



Now finalizing work on the Anne case. Many will recall our undercover investigation of the winter quarters of Bobby Roberts’ Super Circus and the footage of Anne the elephant. After months of analysis of recordings, preparation of evidence, expert witness testimony and preparation of the case with our lawyers, we laid the file before magistrates. Talks with the Crown Prosecution Service finally secured their agreement to take the case. The initial hearing is 1st December.

Although the case arouses strong feelings, we’re urging everyone to refrain from demonstrations outside the court or any other action that might disrupt the trial. That will not bring justice to Anne – allowing the courts to administer justice is what Anne and other animals need you to do now.

This is an important case. It is the UK’s first prosecution of a circus under the Animal Welfare Act 2006 and only the second circus prosecution in UK judicial history. Due to the nature of the business there are notorious difficulties in gathering evidence in travelling circuses. The previous prosecution of a circus in the UK, under the Protection of Animals Act 1911 (replaced by the AWA) also resulted from an investigation and private prosecution by ADI, which was later taken forward by the CPS. That case resulted in the convictions for cruelty of the directors of Mary Chipperfield Promotions and their elephant keeper.

The week before last, we went to Washington with the lovely Jorja Fox (Sara Sidle in CSI) and venerable Bob Barker (award-winning Price is Right U.S. TV star) – both great champions of animals and we’re proud to have them as ADI Ambassadors. Together with the wonderful Congressman Jim Moran, they launched our new bill, HR3329, Traveling Exotic Animals Protection Act about the use of wild animals in traveling circuses.

And just a few days earlier, the U.S. Central District Court of California in Los Angeles reviewed the file for the case against Have Trunk Will Travel for their misleading statements about the training of their elephants – Tai was used in ‘Water for Elephants’ and Rosie was used in ‘Zookeeper’. We await progress on this one.

Meanwhile back in the UK, the battle continues over the Coalition Government’s proposals to regulate animal circuses – this is their answer to the unanimous votes of the Backbench MPs in Parliament, who want to see a ban on the use of wild animals in circuses. So we’ve put together a special report outlining exactly why licensing and inspection regimes for travelling animal circuses don’t work.

The UK Government has also been gathering evidence in their public consultation for the new legislation on animal experiments.  This will draw the provisions of the new EU Directive into UK law: We submitted nearly 90 pages of technical information on animal use and replacements and will be providing MPs with technical briefings on all the key issues.

We got the Peru circus animal ban this summer, following the Bolivia ban.

And just last week, Colombia’s Chamber of Deputies voted through the first stage of a new bill.

Finally, for anyone who missed the landing of the Lion Ark in February, read about it here.